Landholder III

Energetic Government

OliverEllsworth

November 19, 1787

To the Holders and Tillers of Land.

Gentlemen,

When we rushed to arms for preventing British usurpation, liberty was
the argument of every tongue.

This word would open all the resources of the country and draw out a
brigade of militia rapidly as the most decisive orders of a despotic
government. Liberty is a word which, according as it is used,
comprehends the most good and the most evil of any in the
world. Justly understood it is sacred next to those which we
appropriate in divine adoration; but in the mouths of some it means
anything, which enervate a necessary government; excite a jealousy of
the rulers who are our own choice, and keep society in confusion for
want of a power sufficiently concentered to promote its good. It is
not strange that the licentious should tell us a government of energy
is inconsistent with liberty, for being inconsistent with their wishes
and their vices, they would have us think it contrary to human
happiness. In the state this country was left by the war, with want of
experience in sovereignty, and the feelings which the people then had;
nothing but the scene we had passed thro' could give a general
conviction that an internal government of strength is the only means
of repressing external violence, and preserving the national
[natural?] rights of the people against the injustice of their own
brethren. Even the common duties of humanity will gradually go out of
use, when the constitution and laws of a country do not insure justice
from the public and between individuals. American experience, in our
present deranged state, hath again proved these great truths, which
have been verified in every age since men were made and became
sufficiently numerous to form into public bodies. A government capable
of controling the whole, and bringing its force to a point, is one of
the prerequisites for national liberty. We combine in society, with an
expectation to have our persons and properties defended against
unreasonable exactions either at home or abroad. If the public are
unable to protest against the unjust impositions of foreigners, in
this case we do not enjoy our natural rights, and a weakness of
government is the cause. If we mean to have our natural rights and
properties protected, we must first create a power which is able to do
it, and in our case there is no want of resources, but a civil
constitution which may draw them out and point their force.

The present question is, shall we have such a constitution or not? We
allow it to be a creation of power; but power when necessary for our
good is as much to be desired as the food we eat or the air we
breathe. Some men are mightily afraid of giving power lest it should
be improved for oppression; this is doubtless possible, but where is
the probability. The same objection may be made against the
constitution of every state in the union, and against every possible
mode of government; because a power of doing good always implies a
power to do evil if the person or party be disposed.

The right of the legislature to ordain laws binding on the people,
gives them a power to make bad laws.

The right of the judge to inflict punishment, gives him both power and
opportunity to oppress the innocent; yet none but crazy men will from
thence determine that it is best to have neither a legislature nor
judges.

If a power to promote the best interest of the people, necessarily
implies a power to do evil, we must never expect such a constitution
in theory as will not be open in some respects to the objections of
carping and jealous men. The new Constitution is perhaps more
cautiously guarded than any other in the world, and at the same time
creates a power which will be able to protect the subject; yet
doubtless objections may be raised, and so they may against the
constitution of each state in the union. In Connecticut the laws are
the constitution by which the people are governed, and it is generally
allowed to be the most free and popular in the thirteen states. As
this is the state in which I live and write, I will instance several
things which with a proper coloring and a spice of jealousy appear
most dangerous to the natural rights of the people, yet they have
never been dangerous in practice, and are absolutely necessary at some
times to prevent much greater evil.

The right of taxation or of assessing and collecting money out of the
people, is one of those powers which may prove dangerous in the
exercise, and which by the new constitution is vested solely in
representatives chosen for that purpose. But by the laws of
Connecticut, this power called so dangerous may be exercised by
selectmen of each town, and this not only without their consent but
against their express will, where they have considered the matter, and
judge it improper. This power they may exercise when and so often as
they judge necessary! Three justices of the quorum may tax a whole
county in such sums as they think meet, against the express will of
all the inhabitants. Here we see the dangerous power of taxation
vested in the justices of the quorum and even in selectmen, men whom
we should suppose as likely to err and tyrannize as the
representatives of three millions of people in solemn deliberation,
and amenable to the vengeance of their constituents, for every act of
injustice. The same town officers have equal authority where personal
liberty is concerned, in a matter more sacred than all the property in
the world, the disposal of your children. When they judge fit, with
the advice of one justice of the peace, they may tear them from the
parent's embrace, and place them under the absolute control of such
masters as they please; and if the parent's reluctance excites their
resentment, they may place him and his property under overseers. Fifty
other instances fearfull as these might be collected from the laws of
the state, but I will not repeat them lest my readers should be
alarmed where there is no danger. These regulations are doubtless
best; we have seen much good and no evil come from them. I adduce
these instances to shew, that the most free constitution when made the
subject of criticism may be exhibited in frightful colors, and such
attempts we must expect against that now proposed. If, my countrymen,
you wait for a constitution which absolutely bars a power of doing
evil, you must wait long, and when obtained it will have no power of
doing good. I allow you are oppressed, but not from the quarter that
jealous and wrongheaded men would insinuate. You are oppressed by the
men, who to serve their own purposes would prefer the shadow of
government to the reality. You are oppressed for the want of power
which can protect commerce, encourage business, and create a ready
demand for the productions of your farms. You are become poor;
oppression continued will make wise men mad. The landholders and
farmers have long borne this oppression, we have been patient and
groaned in secret, but can promise for ourselves no longer; unless
relieved, madness may excite us to actions we now dread.